Illinois Criminal Code of 1961

Article 12: Intimidation Crimes

Being the victim or threats and intimidation can be emotionally devastating for a victim. As a result, if a person makes threats to anothers safety, even if the threats are never followed through on, that person can still be charged under Illinois law with the crime of intimidation. To be convicted of this crime, a defendant must have threatened to perform physical harm, execute physical confinement, or expose someone, among other methods of intimidation. Intimidation is a serious crime for which an offender may be sentenced between two and ten years of imprisonment.

Certain aggravating circumstances can increase that sentence. If the offense was related to gang activity or if the victim was a peace officer, the charge can be upgraded to aggravated intimidation. This crime carries up to Class 1 felony status.

Need an Illinois criminal defense attorney? If you've been charged with an intimidation crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 12 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Sec. 12-6. Intimidation.
    (720 ILCS 5/12-6)

(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he communicates to another, whether in person, by telephone or by mail, a threat to perform without lawful authority any of the following acts:

(1) Inflict physical harm on the person threatened or any other person or on property; or

(2) Subject any person to physical confinement or restraint; or

(3) Commit any criminal offense; or

(4) Accuse any person of an offense; or

(5) Expose any person to hatred, contempt or ridicule; or

(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or

(7) Bring about or continue a strike, boycott or other collective action.

(b) Sentence.

Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years. (Source: P.A. 91-696, eff. 4-13-00.)

Sec. 12-6.2. Aggravated intimidation.
    (720 ILCS 5/12-6.2)

(a) A person commits the offense of aggravated intimidation when he or she commits the offense of intimidation and:

(1) the person committed the offense in furtherance of the activities of an organized gang or by the person's membership in or allegiance to an organized gang; or

(2) the offense is committed with the intent to prevent any person from becoming a community policing volunteer; or

(3) the following conditions are met:

(A) the person knew that the victim was: (i) a peace officer, (ii) a correctional institution employee, (iii) a fireman; or (iv) a community policing volunteer; and

(B) the offense was committed: (i) while the victim was engaged in the execution of his or her official duties; or (ii) to prevent the victim from performing his or her official duties; (iii) in retaliation for the victim's performance of his or her official duties; or (iv) by reason of any person's activity as a community policing volunteer.

(b) Sentence. Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years.

(c) For the purposes of this Section, "streetgang", "streetgang member", and "organized gang" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655, eff. 7-30-98.)

   Return to Illinois Criminal Code of 1961 Table of Contents

DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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